Benson v. Atwood
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore city. The proceedings in this case were commenced by an attachment on warrant sued out of the court below, on the 4th of June 1853, by the appellees against the appellants, and laid in the hands of Barreda & Brother, of Baltimore, as garnishees. The defendants appeared, gave’bond, and the attachment was dissolved. The plaintiffs then filed their decláration in assumpsit.
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Appeal from the Superior Court of Baltimore city. The proceedings in this case were commenced by an attachment on warrant sued out of the court below, on the 4th of June 1853, by the appellees against the appellants, and laid in the hands of Barreda & Brother, of Baltimore, as garnishees. The defendants appeared, gave’bond, and the attachment was dissolved. The plaintiffs then filed their decláration in assumpsit. The cause of action was an alleged breach of a charter-party of the barque J. W. Paige, owned by the plaintiffs, and chartered by the defendants. The case was tried under an…
1Opinion of the CourtTuck, J.
This is an action by the owners, against the charterers, of a bark, to recover damages for the non-performance of a charter-party, entered into on the ] 9th of June 1852, while the vessel was on her way from Frankfort to San Francisco. It stipulates that the “bark shall sail immediately, as soon as she has discharged her present outward cargo at San Francisco, to one of the guano islands, on the west coast of South America, between latitude one and fifteen south, as he (the captain) shall be directed by the charterer or his agent, at San Francisco, for orders to be furnished him there, at…
2Cases cited3 opinions
- Roloson v. CarsonCourt of Appeals of Maryland · 1855
- Duvall v. Farmers' BankCourt of Appeals of Maryland · 1837
- Gault v. OwingsCourt of Appeals of Maryland · 1847
3Cited by14 opinions
- Minh-Vu Hoang v. Hewitt Avenue Associates, LLCCourt of Special Appeals of Maryland · 2007
- State Ex Rel. Parr v. Board of County CommissionersCourt of Appeals of Maryland · 1955
- France v. Safe Deposit & Trust Co.Court of Appeals of Maryland · 1939
- Wischhusen v. Spirits Co.Court of Appeals of Maryland · 1933
- Southern Building & Loan Ass'n v. PriceCourt of Appeals of Maryland · 1898
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